The Committee for Public Counsel Services (CPCS), the public defender agency for Massachusetts, is seeking an attorney to work in the combined Children and Family Law Division (CAFL)Youth Advocacy Division (YAD) Fall River Office. This Trial Attorney position will initially focus on CAFL cases but will be expected to take YAD cases at a later date.
CAFL provides legal representation to children and indigent parents in family regulation cases, including care and protection proceedings, children requiring assistance cases, actions to terminate parental rights, guardianship-of-a-minor cases, and any other child custody proceeding where the Department of Children and Families is a party or where the court is considering granting custody to the Department of Children and Families. YAD provides legal representation to youth in delinquency, GCL Revocation, juvenile murder, juvenile appeals, and youthful offender cases. CPCS believes the best legal outcomes come with the best life outcomes.
We fight for equal justice and human dignity by supporting our clients in achieving their legal and life goals. We zealously advocate for the rights of individuals and promote just public policy to protect the rights of all.
Our Values
Courage • Accountability • Respect • Excellence
DIVERSITY AND INCLUSION MISSION STATEMENT
CPCS is committed to protecting the fundamental constitutional and human rights of our assigned clients through zealous advocacy, community-oriented defense, and the fullness of excellent legal representation. We are dedicated to building and maintaining strong professional relationships, while striving to accept, listen to and respect the diverse circumstances of each client, as we dedicate ourselves to meeting their individual needs. It is our CPCS mission to achieve these goals, and in furtherance thereof, we embrace and endorse diversity, equity and inclusion as our core values as we maintain a steadfast commitment to: (1) Ensure that CPCS management and staff members represent a broad range of human differences and experience; (2) Provide a work climate that is respectful and supports success; and (3) Promote the dignity and well-being of all staff members. CPCS leadership is responsible for ensuring equity, diversity, and inclusion. The ability to achieve these goals with any level of certainty is ultimately the responsibility of each member of the CPCS community.
AGENCY OVERVIEW
CPCS is the state agency in Massachusetts responsible for providing an attorney when the state or federal constitution or a state statute requires the appointment of an attorney for a person who cannot afford to retain one. The agency provides representation in criminal, delinquency, youthful offender, child welfare, guardianship, mental health, sexually dangerous person, and sex offender registry cases, as well as in appeals and post-conviction and post-judgment proceedings related to those matters.
OFFICE OVERVIEW
The Fall River office provides public defense in family regulation matters as well as deliquency and youthful offender cases and is located in Fall River, Massachusetts. The Fall River combined CAFL and YAD trial office has a strong culture of teamwork and strongly believes in community engagement and partnership to assist clients as they navigate the family regulation and juvenile justice systems.
Fall River is a large multi cultural city located on the water in Bristol County. Fall River is known for the Lizzie Borden case, its rich Portuguese culture, and its numerous 19th-century textile mills and Battleship Cove, home of the world's largest collection of World War II naval vessels including the battleship USS Massachusetts.
POSITION OVERVIEW
CAFL and YAD’s legal advocacy plays a critical role in cases that affect families and youth. For a parent involved in a Care & Protection case, having a skilled lawyer may mean the difference between the family’s reunification and the termination of parental rights – the “death penalty of family law.” For a youth who is charged with a crime, a YAD attorney’s advocacy may mean the difference between a commitment to DYS or incarceration and getting the services needed to return to their community. This Trial Attorney position will initially focus on CAFL cases but will be expected to take YAD cases at a later date.
New Trial Attorneys in CPCS offices begin their CPCS career with a nationally recognized, comprehensive, skills-based training course to ensure they are ready to represent their clients to their full capabilities. Continuing legal education programs for new and experienced trial attorneys are held periodically to ensure that our trial attorneys are current on the law and have the skills necessary to provide zealous representation to their clients.
The clients we represent are diverse across every context imaginable and bring many unique cultural dimensions to the matters we address. This reality creates a critical need for CPCS attorneys to be culturally competent and able to work well with people of different races, ethnicities, genders and/or sexual orientation identities, abilities, and limited English proficiency, among other protected characteristics.
CAFL RESPONSIBILITIES
The duties of the Trial Attorney include:
Interviewing adult clients;
Visiting and interviewing child clients;
Conducting legal research and writing;
Conducting pre-72 hour hearing investigation including reviewing pleadings and exhibits, locating and interviewing witnesses, preparing witnesses, gathering facts from the DCF social worker and other collateral providers, consulting with other parties' counsel regarding their position, collecting and reviewing documentary evidence, identifying objections to testimonial and documentary evidence, and drafting appropriate motions;
Obtaining entire DCF file, reviewing DCF action plans, proposing plan changes, advising client on whether to sign, meeting with court investigator, preparing client to meet with court investigator, and preparing motions to strike inadmissible evidence contained in the court investigator report;
Preparing necessary motions regarding outstanding discovery, identifying matters requiring further hearing (e.g., services, DCF reasonable efforts, visitation), preparing pre-trial memo, and developing trial strategy with clients;
Preparing for Foster Care Reviews
Reviewing DCF's permanency plans and filing objections, if necessary;
Investigating and representing client in extraordinary medical treatment hearings;
Filing motions challenging DCF decisions;
Conducting care and protection trials and termination of parental rights trials;
Representing clients in interlocutory proceedings;
Working with the legal team, including social workers and paralegals;
Conducting post-judgment representation; and,
Other duties as assigned.
YAD RESPONSIBILITIES
Once trained, Trial Attorneys in the combined CAFL/YAD Fall River office will provide zealous legal representation on delinquency and youthful offender cases using the Positive Youth Development Approach, as well as using all the same criminal defense skills needed to practice in district and superior courts. They also provide post dispositional advocacy and support to DYS committed youth, as well as school-based advocacy. Trial attorneys also work on projects related to improving legal representation and outcomes for court involved children. In addition, trial attorneys play a leadership role in working towards reducing the racial and ethnic disparities in the juvenile justice system.
MINIMUM ENTRANCE REQUIREMENTS
A Trial Attorney must be committed to serving a culturally diverse, low-income population and must be eligible to practice law in Massachusetts, either as a member of the Massachusetts bar in good standing, or as the member of the bar of another jurisdiction eligible to engage in limited Massachusetts practice under Supreme Judicial Court Rule 3:04;
All trial attorney positions require travel; access to reliable transportation throughout the state is necessary; and,
Access to a personal computer with home internet access sufficient to work remotely.
To apply, please submit a resume and personal mission statement of no more than two pages detailing your interest in the position, your personal qualities, background, and skills, and what you hope to achieve in your work.
QUALIFICATIONS/SKILLS
Foreign language skills are desirable;
Trial experience in termination of parental rights cases as counsel for a parent and/or as counsel for a child or children is preferred;
A demonstrated commitment to the principle of zealous advocacy in the representation of indigent persons in child welfare cases;
Strong interpersonal and analytical skills;
Experience with criminal, especially juvenile defense;
Ability to provide trauma informed and culturally competent representation;
Knowledge of adolescent development;
Knowledge of positive youth development;
Experience with educational system advocacy;
Experience with the child welfare system;
Experience working with children and youth;
Ability to work in a community and defense-oriented capacity, both independently and collaboratively.